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Home My WebLink AboutEasement Doc OR 5744 196 TEMPORARY BLANKET UTILITY EASEMENT DATE: - 1?(17//int / /tY /a / QO GRANTOR: SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods GRANTOR'S MAILING ADDRESS: 4101 Texas Avenue, Suite B (including county) Brazos County Bryan, Texas 77802 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All of Lots Five (5) and Six (6), Block Two (2), EDELWEISS BUSINESS CENTER, an addition to the City of College Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 5002, Page 151, of the Official Records of Brazos County, Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as -built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above - described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above - described property. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. bg /group /o /easements /southwood west / temporaryblanketutilityeasement. doc 07/01/2003 Doc OR Vol 9 57 197 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. SOUTHWOOD WEST, a General Partnership com- posed of Jeffrey L. McDowell and James Woods By #, L. McDOWELL, Partner ," JAMES WOODS, Partner CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easement. FIRST AMERICAN BANK, SSB, a Texas State Savings Bank /' By: / 4► Printed Name: _ � mi . „ L Title: C ,, ( l,s« . t ogA'` ✓ APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. 1 City Attorney 2 bg /group /o /easements /southwood west / temporaryblanketuti lityeasement.doc 07/01/2003 . • • 00838287 OR 5744 198 - THE STATE OF TEXAS ' § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the « day of f 61, d i rk , 2003, by JEFFREY L. McDOWELL, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. =ii BECKY POE tCC, I� Q Q *: ' = MV COMMISSION EXPIRES 1 �tr�, 2005 Notary Public in and for the State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the (Z) day of 1l61) rl tuk, 2003, by JAMES WOODS, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. R )..lt BECKY POE EXPIRES XPIRES az'Y ,� Not Public in and 4, � for the State of Texas ION E October MY COMMISS22, 2005 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This ins ent was acknowledgedbeffore me on the 1 day of fJ00P Mia , 2003, by - T; A N S1A- TJNk Oftic a-r of FIRST AMERICAN BANK, SSB, a Texas State Savings Bank, on behalf of said i ll . �` <., ANN MUMFOR &,„ [ SAMANTHA ��_ * Notary Public, State o f Texas Notary Public in and for the Stat f :as /\ My Commission E xpires o A 1 • >. SEPTEMBER 30, 2006 PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842 -9960 College Station, Texas 77842 -9960 Z n z n a Q I "M11 � sn � ■ me �a li ro ..�. N .. �, °i n is .� to rig I t I Fl ro j .. bg /group /o /easements /southwoodwest/ temporaryblanketutilityeasem .doc X 2 � w 1. 07/01/2003 "-V' a roM1